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HomeMy WebLinkAboutCC Min 1987-07-20 7-20-87 Seal Beach, California July 20, 1987 I The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Wilson calling the meeting to order. Councilman Grgas led the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Grgas, Hunt, Risner Absent: None Also present: Mr. Nelson, City Manager Mr. Rudell, Assistant City Attorney Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Clift moved, second by Hunt, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I PUBLIC HEARING/ORDINANCE NUMBER 1246 - PIPELINE FRANCHISE - STANDARD GAS COMPANY By unanimous consent of the Council, this item was withdrawn from the agenda, to be renoticed for the August 17th meeting. 1- PUBLIC HEARING - APPEAL - VARIANCE 5-87 - 340 OCEAN AVENUE - NAIR Mayor Wilson declared the public hearing open to consider an appeal to Planning Commission denial of Variance 5-87. The City Clerk certified that notice of the public hearing was advertised and mailed as required by law, and reported no communications had been received either for or against this item. The Director of Development Services presented the staff report and action of the Planning Commission, advising that the request is for approval of a wall along the side property line and within the front setback of the subject property which exceeds the permitted height of forty-two inches by forty-six inches. He stated that the Commission determined that no findings could be made to justify granting of the variance, and noted specifically the Commission's concern with visibility and safety for pedestrian and vehicle traffic. Mayor Wilson invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Ms. Sandra Nair, property owner of 340 Ocean, stated she believed that a compromise had been reached with the adjoining property owner, which would be presented by the contractor. Mr. Dan Armstrong, contractor, presented the Council and staff with a modified plan for construction of the subject wall, stating that the wall would be reduced forty inches for a distance of seven feet, at that point stepped up sixteen inches, equal to two courses of eight inch blocks, for another seven feet, then increased another sixteen inches for the remaining length of the wall, advising also that the originally proposed fountain had been changed to a sheet water fall that would be one to two 7-20-87 inches above the adjoining wall at the sidewalk level. Mr. Knight acknowledged that the revised plan takes into consideration the public safety issue raised by the Planning Commission, and that the plan as submitted would be sufficient to allow Council to take an action, however suggested that more detailed plans be submitted to the Planning Department. Mr. Knight advised written notice of this matter was sent to each property within three hundred feet of the subject location. Mrs. Joyce Kucera, immediate neighbor, stated that the revised plan for the wall as I proposed was acceptable to her. There being no other communications, Mayor Wilson declared the public hearing closed. Brief discussion followed. Grgas moved, second by Risner, to approve Variance 5-87 with the conditions that a more detailed drawing, showing the revisions as presented at this meeting, be submitted to the Planning Department for review and approval, and that the modifications to the wall must be completed by the time the room remodeling of the residence is completed. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ORDINANCE NUMBER 1247 - DEVELOPMENT AGREEMENTS - ESTABLISHING PROCEDURES/REOUIREMENTS Ordinance Number 1247 was presented to Council for second reading entitled RAN ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CONSIDERATION OF DEVELOPMENT AGREEMENTS, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA.n By unanimous consent, full reading of Ordinance Number 1247 was waived. In response to Council, the Director of Development Services I advised that a development agreement would have no relation to a Specific Plan and although the development agreement process would be available to anyone requesting same, due to the time consuming and costly process, it would be unlikely that such agreement would be requested for anything other than a large project. He also confirmed that the proposed Ordinance merely allows the City to consider a development agreement, not requiring that it be approved, also that a future Council could terminate such agreement with just cause. Clift moved, second by Grgas, to adopt Ordinance Number 1247 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ORDINANCE NUMBER 1248 - TRANSIENT OCCUPANCY TAX Ordinance Number 1248 was presented to Council for second reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 22, ARTICLE IV, OF THE SEAL BEACH MUNICIPAL CODE, REGARDING UNIFORM TRANSIENT OCCUPANCY TAX.n By unanimous consent, full reading of Ordinance Number 1248 was waived. Risner moved, second by Clift, to adopt Ordinance Number 1248 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried '1 " RESOLUTION NUMBER 3706 - ESTABLISHING PARKING RATES - BEACH PARKING LOTS Resolution Number 3706 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING RATES FOR PARKING FEES IN THE FIRST, EIGHTH, AND TENTH STREET OCEAN FRONT MUNICIPAL PARKING LOTS AND RESCINDING RESOLUTION NUMBER 3042.n By 7-20-87 unanimous consent, full reading of Resolution Number 3706 was waived. Clift moved, second by Hunt, to adopt Resolution Number 3706 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I CONSENT CALENDAR - ITEMS RFn THROUGH nNR Mayor Wilson requested Item nLn removed from the Consent Calendar, and the City Clerk requested Items nGn and nHn removed. Clift moved, second by Hunt, to approve the recommended action for items on the Consent Calendar, except Items RG, H, and Ln, as presented. I F. Approved the minutes of the regular adjourned meeting of May 18, 1987. I. Approved regular demands numbered 66544 through 66740 in the amount of $480,253.24 and payroll demands numbered 26127 through 26319 in the amount of $184,159.91 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. J. Denied the claim of Jerome C. Reich and Carole Reich and referred same to the City's liability adjuster. K. Denied the complaint for refund of property tax of Southern Pacific Transportation Company, Northwestern Pacific Railroad Company, and Visalia Electric Railroad Company, and referred same to the City Attorney. M. Received and filed communication from Robert Mannah regarding Assembly Bill 36, mandatory helmet law. N. Approved the Agreement with the County of Orange for Westminster Boulevard Reconstruction/Overlay, Project Number 566, AHFP #1202, and authorized the Mayor to execute the Agreement on behalf of the City. AYES: Clift, Grgas, Hunt, Risner, Wilson NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM RG" - COUNCIL MINUTES - MAY 19th Clift moved, second by Hunt, to approve the minutes of the regular adjourned meeting of May i9, 1987 as presented. I AYES: NOES: ABSTAIN: Clift, Hunt, Wilson None Grgas, Risner Motion carried ITEM nHn - COUNCIL MINUTES - MAY 26th Clift moved, second by Hunt, to approve the minutes of the regular meeting of May 26, 1987 as presented. AYES: NOES: ABSTAIN: Clift, Hunt, Risner, Wilson None Grgas Motion carried 7-20-87 ITEM nLR - POLICY REGARDING CORRESPONDENCE TO COUNCIL The City Manager reviewed his memorandum recommending that a policy be established for the handling of written correspondence addressed to the City Council, stating that the purpose of the recommendation is to insure that deadlines are not missed and that actions are taken in a timely manner. After brief discussion, Risner moved, second by Clift, to approve the amended correspondence policy that I) the Secretary to the City Manager shall open all mail addressed to the City Councilor to individually named I Council members, unless requested otherwise, to determine ,- the nature and priority of action(s) needed to respond to the correspondence, 2) all written correspondence addressed to the City Council, as a body, would be opened by the Secretary and referred to the City Manager to make a determination as to whether or not the item should be placed on the Council agenda, with a recommendation for disposition or notation as to any action taken by staff, and 3) all written correspondence to the Mayor or to an individually named City Council member, to be placed in the internal mailbox of that Council member for disposition by that Councilmember. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried RUBY'S JEWEL CAFE LEASE The City Manager reported agreement has been reached as to the terms of the lease of the pier restaurant, Ruby's Jewel Cafe, said lease having been executed by the tenant. Mr. Nelson reported one change to Section 6.03 of the lease, deleting paragraph one of that Section with regard to the selection of restaurant employees to the satisfaction of the City Manager. He also noted that the menu, as presented I~ with Ruby's original proposal, was attached as a guide only, and that the personal guarantee of the tenants was likewise attached. Mr. Nelson explained that the closing hour of the restaurant will be 10:00 p.m. during June, July and August, 9:00 p.m. during other months, and that the opening hour will be flexible for an earlier opening if the need is shown, and stated it is the goal of the tenants to open the restaurant by mid-August. Clift moved, second by Risner, to approve the lease agreement for the pier restaurant, as amended, with Ruby's Jewel Cafe for the term of fifteen years. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ZOETER UPDATE The City Manager requested that the Council establish an adjourned meeting date to discuss, in Closed Session, the Zoeter School negotiations, stating that discussion of the purchase offer would be necessary during this meeting's Closed Session. By unanimous consent, the Council established Wednesday, July 22nd as the adjourned meeting date. Civil Service Board Councilman Hunt nominated Mr. Maury Gutkin for reappointment to the Civil Service Board representing District Five for the full term expiring July 1993. I APPOINTMENTS - BOARDS and COMMISSIONS Parks and Recreation Commission Councilman Grgas asked that the District One appointment to the Parks and Recreation Commission be held over. 7-20-87 Plannina Commission Councilman Hunt nominated Mr. Emmett Suggs for reappointment to the Planning Commission representing District Five for the full term expiring July 1991. I Proiect Area Committee Councilmember Risner nominated Mr. Glenn Barton for reappointment to the Project Area Committee as a resident member for the full term expiring July 1989, and nominated Mr. Bill Gardner as a resident member of the Project Area Committee for the full term expiring July 1989. Councilman Grgas requested that the District One appointments to the Project Area Committee be held over. Clift moved, second by Hunt, to approve the nominations for appointment to Boards and Commissions as stated by members of the Council. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Mark Lees introduced himself as the Director for Division Two of the Municipal Water District of Orange County, described their responsibilities to'insure adequate water supply for all cities, to promote conservation, improvement of the efficiency of the State water project through the legislative process , and involvement in a three year hearing process undertaken by the State Water Resources Control Board which will be used to provide extensive ruling on water quality standards and uses for water passing through the San Joaquin Delta Estuary. Mr. Lees urged the City's participation in the upcoming hearings at the Registry Hotel in Irvine from August lIth through 14th, also extended an invitation for the Council to particpate in tours of the water facilities co-hosted by the Municipal Water District and Metropolitan Water District. Mr. George Armstrong, I Anderson Street, extended an invitation to the Council to tour the Sunset Beach Water Tower as his guest. There being no other communications, Mayor Wilson declared Oral Communications closed. I CITY COUNCIL ITEMS Councilman Grgas asked that the staff prepare an amendment to the City's nuisance ordinance prohibiting parking or storage of vehicles in front yards. Councilmember Risner referred to the lack of or restricted parking for recreational vehicles in Seal Beach, and asked that the staff look into the possibility of paving the vacant land adjacent to the animal care shelter site for use as storage of recreational vehicles. Councilman Grgas referred to a recent action of the Agency regarding the Department of Water and Power property with the understanding that the City would seek the lease of seventy percent of that site, and inquired as to the status of that direction, also asked that staff work closely with the DWP Advisory Committee to assist in this endeavor in any way possible and in the review of any proposal that may be forthcoming. The City Manager responded that the staff had communicated the Agency'~ action to the Department of Water and Power, followed by a letter, and to date no reply has been received, noting that as previously mentioned, it may be necessary to pursue some political action with regard to the DWP site. Mr. Grgas expressed his support for the staff pursuing meetings with the DWP, Los Angeles City Council, and if necessary the Mayor. 7-20-87 / 7-22-87 CLOSED SESSION The Assistant City Attorney reported the, Council would meet in Closed Session to discuss a matter of pending litigation, MTSS vs. Seal Beach, and proposed property negotiations. The Council, by unanimous consent, adjourned to Closed Session at 7:55 p.m. and reconvened at 9:23 p.m. with Mayor Wilson calling the meeting to order. The City Attorney reported Council had met in Closed Session to discuss the items previously stated, with further instructions given to I the City's negotiator regarding property acquisition. ADJOURNMENT Clift moved, second by Hunt, to adjourn the meeting to Wednesday, July 22, 1987 at 5:00 p.m. to discuss in Closed Session the property negotiations relating to the acquisition of Parcel A of the Zoeter School site. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried The meeting adjourned at 9:24 p.m. nd ex- City Council of the Approved: Attest: I Seal Beach, California July 22, 1987 The City Council of the City of Seal Beach met in regular adjourned session at 5:03 p.m. with Mayor Wilson calling the meeting to order. Councilmember Risner led the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Clift, Hunt, Risner Absent: Councilmember Grgas Councilman Grgas arrived at the meeting at 5:41 p.m. Also present: Mr. Nelson, City Manager Mr. Rennett, Assistant City Attorney Mrs. Yeo, City Clerk 1-